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Minutes of Commissioners Meeting   -   October 12, 2005

Note:  Complete Meeting Appears on Tape #27-05 on File in the Borough Clerk’s Office October 12, 2005
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County , New Jersey , was held in the Municipal Court Room at 9:30 a.m.  On roll call the following answered to their names:

Gould - Cabrera – Groon – Yes

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader and The Press on December 6, 2004.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 982 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 982

AN ORDINANCE TO CONTINUE LEASING OF MUNICIPAL REAL

PROPERTY OF THE BOROUGH OF WILDWOOD CREST TO THE

WILDWOOD CREST HISTORICAL SOCIETY, A DULY INCORPORATED

HISTORICAL SOCIETY

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 982.

Vote:          Gould-Cabrera-Groon

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 982 be closed.

Vote:          Gould-Cabrera-Groon

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 982 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 983

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT

ORDINANCE OF THE BOROUGH OF WILDWOOD CREST, CHAPTER 85 –

ARTICLE II, SECTION 85-11 – DEFINITIONS; CHAPTER 85 – ARTICLE III,

SECTION 85-14 – ZONING MAP; CHAPTER 85 – ARTICLE VIII – R-3

MULTI-FAMILY RESIDENTIAL ZONE; CHAPTER 85, TO INCORPORATE

INTO THE ADOPTION OF THE MASTER PLAN – ARTICLE XI – HOTEL,

MOTEL & MULTI-FAMILY ZONE – SECTION 85-57 TO SECTION 85-60;

CHAPTER 85 – ARTICLE XIV, EXCEPTIONS AND SUPPLEMENTAL

REGULATIONS, SECTION 85-73B – HEIGHT LIMITATIONS, AND CHAPTER

85 – ARTICLE XV – DESIGN STANDARDS FOR SUBDIVISIONS AND

SITE PLANS, SECTION 85-89D – PARKING, PURSUANT TO ADOPTION

BY THE WILDWOOD CREST PLANNING BOARD OF RESOLUTION NO.

2005-88 ON OCTOBER 6, 2005

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 983 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 26, 2005 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 984

AN ORDINANCE TO AMEND IN ITS ENTIRETY CHAPTER 67,

STREET EXCAVATIONS, OF THE CODE OF THE BOROUGH OF

WILDWOOD CREST, COUNTY OF CAPE MAY , STATE OF NEW JERSEY

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 984 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 26, 2005 at 7:00 p.m.

Vote:           Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 108-05

(Authorizing the Chief Financial Officer to void Recreation Trust Account

Checks Nos. 1245 and 1294)

 

Mr. Groon motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 109-05

(Authorizing Susan Peifer or Caroline Hennessey to be the designated

signatories on the Borough of Wildwood Crest Tax Collector

Lien Redemption Account)

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and which appear hereinbelow, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that he had provided to the Board of Commissioners copies of the current fee ordinance, and indicated that the respective Commissioners should meet with their various department heads, as well as the Chief Financial Officer and the Clerk in order that the ordinance may be revised. The Clerk proposed that the revised ordinance be introduced at the meeting of October 26, 2005 in order that the new fees may be in full force and effect by January 1, 2006.

 

A discussion was had with regard to proposed beach vending. The Clerk reported for the record that there had been two non-binding referendums put to the voters in recent years, one of which resulted in a tie vote and the other in a close vote in favor of instituting beach vending. The Clerk went on to state that, statutorily, the Board of Commissioners were not obligated to initiate beach vending as a result of the non-binding referenda. He indicated that, should the Board of Commissioners wish, the matter could be dealt with as a concession rental similar to the umbrella concessions presently on the beach. Mrs. Gould interjected that she has received an e-mail from a resident asking that beach lockers be placed on the beach, similar to those on the beach in Cape May. The lockers would be rented by beach-goers. The Borough would lease the concession. She asked that the Commissioners consider such a concession.

 

Mr. Cabrera agreed with Mrs. Gould, adding that he, too, has received letters, telephone calls and e-mails on the same subject. He added that the lockers would have to be removed in the winter and put back on the beach for the summer.

 

Mr. Cabrera also suggested that the Borough institute some type of “vending” on the beach for water and soft drinks. He added that he has been approached by many people asking for limited vending. He stressed that the beverages would have to be in non-glass containers and be non-alcoholic. It was his suggestion that the venders not be permitted to walk up and down the beach, but, rather, have “stands” on the back part of the beach for people to go to if they so desire. Mrs. Gould interjected that there are a lot of veterans with ice cream trucks at the street ends. She stated that her personal feeling is “to be against it” and that she would rather not have vending on the beach.

 

Mr. Groon stated that there are many issues involved: the ice cream venders who are already selling water, as well as the impact on the motel coffee shops on the beach; the impact of additional trash on the beach. Mr. Groon asked the Clerk as to the appropriate course of action that would have to be taken. The Clerk responded that he is in possession of a model program that is in place in Sea Isle City for vending on the beach. The Clerk went on to state that it would be a concession rental and would have to be bid out in the same fashion as the umbrella stands.

 

Mr. Cabrera interjected that the proposals would bring in some additional miscellaneous revenues to the Borough. Additionally, the fact of the ice cream and hot dog venders on the street ends will not change. He indicated that any money that would be raised on the beach should be put back into the beach, adding, however, that he would defer that matter to the Chief Financial Officer. He stated that there is constant upgrading to be done on the beach with the ramps and walkways, that the grant monies will be running out in the near future, and that the Borough will have to find ways to continue the projects. As to the matter of additional trash, Mr. Cabrera stated that people are already bringing their own containers to the beach, and it was his opinion that there would be no more trash than is presently on the beach.

 

The Clerk stated that it was his concern, should vending be established on the beach, that an additional exposure may be created for the Borough in terms of veterans and their ability to vend their wares in a similar fashion without have to bid same. It was his concern that the Borough might not be able to limit the vending to the concessions only. He asked that the Solicitor research the matter and provide a written legal opinion on what is permitted and what exposures may occur.

 

Mr. Groon inquired if the Commissioners were under a time constraint to make a determination. The Solicitor responded that if the decision was to bid the concession out, that process must be commenced in January to have everything in place by the 2006 summer season. Mr. Groon commented that there is very little time to make a decision. The Clerk concurred, adding that Mr. Groon’s suggestion that Mr. Cabrera gather the necessary information and make a presentation to the Board of Commissioners would be a good first step. Mrs. Gould asked if they were all talking about the same thing, i.e., food and drink vending as well as storage lockers. Mr. Groon responded that all of the issues should be reviewed. The Clerk inquired if the Commissioners were considering food, or simply water and soft drinks. Mr. Cabrera stated his opinion that it should be water and soft drinks, as well as the storage lockers. The Clerk interjected that the Board of Commissioners must also consider where to place the proposed storage lockers. Mrs. Gould inquired if the current umbrella concession is removed from the beach during the winter. The response was in the affirmative.

 

Mr. Cabrera suggested that the concessions be tried for only one year in order to see if there will be any problems. After the trial period, the concessions could be extended for longer periods.

 

Mr. Groon inquired as to who would purchase or construct the storage units. Mr. Cabrera responded that the Commissioners will have to research that question. It was Mr. Cabrera’s suggestion, however, that the storage lockers be bid out. Mr. Groon stated his understanding that the Borough would have to purchase the storage lockers, and asked who provides the umbrella stands. Mr. Cabrera responded that the lessee provides them. The Clerk interjected that it could be part of the bid documents that the successful bidder must supply the lockers.

 

Mr. Groon commented that there are many “little issues” to be resolved. Mrs. Gould concurred. Mr. Groon went on to state that the time frame “is tough” and that the Environmental Commission should be consulted with regard to utilization of the beach for these purposes, as well as the Chief of Police with regard to security. He added that there is a control issue to be addressed as well. The Clerk responded that the critical matter to determine, after research by the Solicitor, is whether or not “vending” on the beach by the sale of water and soft drinks would impact the Borough with regard to  veterans and their rights to vend.

 

Mr. Groon stated that Mr. Cabrera will gather the appropriate information and report back to the Board of Commissioners at his earliest convenience. After that, the Commissioners will make a determination as to whether to go forward.

 

The next matter for discussion dealt with the taxi license ordinance. The Clerk reported to the Board of Commissioners that an application has been received for a new taxi license. He indicated that there is a license available due to the fact that one of the license holders is no longer operating in Wildwood Crest. A problem would arise, however, under Section 6 of the current ordinance in which any holder of a new license must be a resident of the Borough. The Clerk asked the Solicitor whether the Borough is permitted to limit applicants to Wildwood Crest residents only. The Clerk added that the current ordinance was last revised in August 1970. Mr. Groon indicated that the Solicitor should review the entire ordinance and make her recommendations prior to the Board of Commissioners taking any action. The Solicitor inquired if the rates as set forth in the current ordinance have been revised. The Clerk responded that the rates have been updated by resolution as provided in the ordinance.

 

As an aside, Mr. Cabrera inquired if the same language providing for revision of rates by resolution can be inserted in the general fee ordinance, especially the recreation fees. The Clerk responded that any ordinance may provide for a minimum and maximum amount with the exact amount to be revised by resolution “from time to time.”   It was determined that the Solicitor would review the taxi license ordinance and make her recommendations to the Board of Commissioners.

 

Mr. Groon then reported to the Board of Commissioners that he had not received any communications from Lower Township regarding the Borough’s request for resolution of the Diamond Beach emergency services issues. He indicated that he expected to have a recommendation to make to the Board of Commissioners at the October 26, 2005 meeting. The Clerk interjected that a written response and plan of action has not been received, and that the current rescue squad Interlocal services agreement with Lower Township provides for a 90-day cancellation period.

 

Mr. Groon asked that a discussion be commenced among the Commissioners and the affected Borough staff with regard to recreation and tourism events and activities, and how events might be added and coordinated. He also suggested that the Borough request support from GWTIDA. Mr. Cabrera stated that the Borough is starting the budget process for calendar year 2006, and the Commissioners should “have a clear vision” of goals for 2006. He went on to state that Mrs. Gould is the “tourism” Commissioner and he is the “recreation” Commissioner. It was Commissioner Cabrera’s opinion that the two functions are related and overlap, and that clear parameters be set between the two in order that there be no misunderstandings in the future, both budgetarily and with staff. Mrs. Gould agreed. Mr. Groon also agreed, stating that he is not so much concerned about what events are scheduled as he is with the process in general. He added that the Commissioners need to identify what is “tourism” and what is “recreation” in order to coordinate with GWTIDA for financial and media support. Mrs. Gould suggested that dates for events must be coordinated and that, perhaps by the October 26, 2005 meeting, she and Mr. Cabrera will be able to present a plan for consideration. Mr. Cabrera added that funding from GWTIDA for the 2006 season must be requested by the end of October. Mr. Groon suggested that an entire package could be put together to be presented to GWTIDA for financial support as well as advertising support.

 

Mr. Groon then advised the Commissioners that it may become necessary to look at other options to provide ambulance service to the residents of Wildwood Crest. The Clerk interjected that in addition to any agreements reached with Lower Township, the Borough may have to make changes due to the dwindling volunteer base at the rescue squad as well as the inability to secure and retain qualified EMTs in a paid capacity. Additionally, there is an increased cost to the Borough and the volunteers for the purchase of vehicles, goods and supplies.

 

Mr. Groon reported to the other Commissioners that an agreement has been reached with the Fishing Club to restrict vehicle passage over the bike path for the 2006 summer season. Additionally, tentatively, 2006 may be the last year for the Fishing Club to exist. Mr. Groon added that the members of the Fishing Club do not have the financial resources to extend the pier further into the water. He added that the Borough will be looking to bring the pier back into the hands of the Borough in March 2007. The Clerk interjected that the pier has been privately maintained by the Fishing Club over the years, and there has been an inability by the Borough to pursue funding to extend the pier because of that “private ownership/use”.

 

Mr. Cabrera inquired as to the status of discussions regarding public donations/contributions and funding sources. The Clerk responded that the matter is still being carried on the “old business” section of the agenda, adding that at least two of the Commissioners must agree to have the matter moved toward introduction of an ordinance. He noted that the Solicitor had prepared a final draft, but no affirmative decision had been put forward by the Commissioners. Mr. Cabrera asserted that he would like to move the matter forward. Mr. Groon concurred. The Clerk stated that he would move the matter toward introduction for the meeting of October 26, 2005.

 

Nancy Pietropaoli, Seaview Avenue, inquired if there was a copy of the Master Plan available for the public to review. Mr. Groon responded that they were available in the Borough Clerk’s Office. The Clerk interjected that the M-1 Master Plan as authorized for adoption by the Planning Board through their Resolution No. 88-2005 has been available for public inspection since September 5, 2005. He added that Ordinance No. 983 introduced earlier in the meeting was for the purpose of “covenanting” the Planning Board’s recommendation.

 

Catherine Martin, 5717 Lake Road, commented on the change of direction of travel of Lake Road from northbound to southbound, indicating that the residents in the area were not notified prior to the change. Mr. Groon stated that he has had discussions with the Chief of Police, and the Chief will be contacting all of the neighbors in the area. Mr. Groon added that the flow of traffic will “probably” be returned to the way it was, but that the Chief of Police will be having discussions with the neighbors to try to come to a resolution of the problem.

 

Louise Johnstone, 300 East Miami Avenue, thanked the Board of Commissioners, on behalf of the Wildwood Civic Club, for the Borough’s contribution toward the Baby Parade. Mrs. Gould responded that the funds came from the Tourism Development Commission budget.

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

Dated:        October 26, 2005

Kevin M. Yecco, Borough Clerk

 

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